Vietnam: How to carry out the backup ACTS cargo transit procedure at the Transit Customs Branch?
What are the Vietnamese regulations on sealing goods in transit through the ACTS System?
Pursuant to Article 16 of Decree 46/2020/ND-CP stipulating the sealing of goods in transit through the ACTS System as follows:
- Customs seals:
The goods in transit must bear customs seals or special seals (if they are of authorized transit traders), except the goods which are not suitable for sealing (including bulk goods, oversize or overweight load goods and bulky goods).
- The use of special seals on goods placed under the ACTS procedure of an authorized transit trader may be approved if they comply with the following technical specifications:
+ remain secure in normal use;
+ be easily checkable and recognizable;
+ be so manufactured that any breakage or removal leaves traces visible to the naked eye;
+ be designed for single use or, if intended for multiple use, be so designed that they can be given a clear, individual identification mark each time they are re-used;
+ have identification marks that must be impossible to falsify and difficult to reproduce;
+ The material used must be resistant to accidental breakage and such as to prevent undetectable falsification and re-use;
+ Electronic (microchip) seals that are activated when broken must be capable of automatically transmitting a signal that is picked up by satellite and sending information on the means of transport and the goods contained therein to the customs authority and the transit trader (including information on its location);
+ Special seals (which has been approved by the customs authority when applying for the authorized transit trader status and of which the number has been updated through the electronic data processing system) must facilitate the supervision and management by customs authorities.
In the case of change of the registered special seal number or registration of additional special seals, before the new seal number is used, the authorized transit trader shall send the list of additional special seal numbers, which is made according to the form promulgated by the Ministry of Finance, to the General Department of Customs for updating the electronic data processing system.
The customs authority shall check information and update the electronic data processing system with the new or additional special seal numbers within 08 working hours from receipt of the list of changed or additional special seal numbers
Vietnam: How to carry out the backup ACTS cargo transit procedure at the Transit Customs Branch?
What is the backup ACTS cargo transit procedure at the Transit Customs Branch in Vietnam?
Pursuant to Clause 3, Article 17 of Decree 46/2020/ND-CP stipulating procedures for transit of ACTS goods at the Transit Customs Branch as follows:
- The Declarant shall present the goods along with the TAD and relevant documents to the Customs Sub-department of transit;
- The Customs Sub-department shall inspect the status quo of goods; inspect the customs seal or the special seal in the case of transited goods of authorized transit traders; compare the seal number on the TAD with the seal number on the means of transport or container containing the transited goods;
- If the inspection prescribed in Point b of this Clause produces satisfactory result, the Customs Sub-department shall approve, record the inspection results and sign, stamp the TAD on the reverse; keep 01 photocopy of the TAD which has been approved, signed and stamped; return the original TAD to the carrier to continue the transit operation;
- If the inspection prescribed in Point b of this Clause does not produce satisfactory result, the Director of the Customs Sub-department shall consider and decide to perform the physical inspection of the goods.
When carrying out the physical inspection of the goods, the Customs Sub-department shall compare the actual conditions of the goods with the description on the TAD and other documents included in the custom dossier; If the physical inspection of the goods matches the description on the said documents, the provisions in Point c of this Clause shall apply. If the physical inspection of the goods does not match the description on the TAD, the Director of the Customs Sub-department shall decide whether to continue or suspend the ACTS procedure.
If the goods are allowed to be transported to the destination upon completion of the physical inspection of goods, the goods must be sealed and the new seal number must be recorded on the original TAD.
What is the procedure for transiting backup ACTS goods at the destination customs office in Vietnam?
Pursuant to Clause 4, Article 17 of Decree 46/2020/ND-CP stipulating procedures for transiting backup ACTS goods at the destination customs office as follows:
- The carrier shall present the goods along with the original TAD to the customs authority;
- The Customs Sub-department shall inspect the status quo of goods; inspect the customs seal or the special seal in the case of transited goods of authorized transit traders; compare the seal number on the TAD with the seal number on the means of transport or container containing the transited goods;
- If the inspection prescribed in Point b of this Clause produces satisfactory result, the customs authority shall approve, record the inspection results and sign, stamp the TAD on the reverse; keep 01 photocopy of the TAD which has been approved, signed and stamped; return the original TAD to the carrier for terminating the transit operation and carrying out following procedures (procedures for import or transit transport of goods through non-member states of ASEAN);
- If the inspection prescribed in Point b of this Clause does not produce satisfactory results, the Customs Sub-department shall consider and decide to perform the physical inspection of the goods.
When carrying out the physical inspection of the goods, the Customs Sub-department shall compare the actual conditions of the goods with the description on the TAD and other documents included in the custom dossier; If the physical inspection of the goods matches the description on the said documents, the provisions in Point c of this Clause shall apply. If the physical inspection of the goods does not match the description on the TAD, appropriate actions shall be taken against the violation and the Director of the Customs Sub-department shall decide to carry out the following procedures (procedures for import or transit transport of goods through non-member states of ASEAN).
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